What is the test for obtaining an injunction against an individual who has committed a breach of the Public Prosecutions Act?
British Columbia, Canada
The following excerpt is from Fraser Health Authority v. Jongerden, 2010 BCSC 355 (CanLII):
The petitioner has established a breach of the legislation. It is in the public interest to have the law followed. In accordance with the cases relied upon by the petitioner where the breach is established, an injunction ought to follow. In Attorney-General v. Harris (1961), 1 Q.B. 74 at 95, referred to in East Kootenay at para. 18, Pearce L.J. observed: A breach with impunity by one citizen leads to breach by other citizens, or to a general feeling that the law is unjustly partial to those who have the persistence to flout it. ]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Does a public by-law or statute authorizing the fluoridation of public water violate an individual's s .7 rights? (British Columbia, Canada)
Can a husband obtain an injunction preventing his ex-wife from disclosing confidential information obtained during their marriage? (British Columbia, Canada)
Can an individual obtain security information from an individual who is not a corporation? (British Columbia, Canada)
What is the test for a preliminary injunction under the first element of the injunction? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
What is the test for obtaining an initial public offering (IPO) in B.C? (British Columbia, Canada)
What is the test for obtaining security for costs against an individual plaintiff? (British Columbia, Canada)
Does a judge have to grant an injunction when a breach of a by-law is established? (British Columbia, Canada)
What is the test for a motion to obtain an interim injunction? (British Columbia, Canada)
